A single application to EUIPO — and an EU trade mark (EUTM) has equal legal force across all 27 member states simultaneously. It is a unitary right: as a general rule, it cannot be registered, transferred, or cancelled for part of the Union only — it exists and operates as a single whole.
For a business that needs protection in several EU member states, this means one application to EUIPOone registration, and one register — instead of managing separate national rights in each chosen jurisdiction.
One Registration — Protection Across All 27 EU Member States
The unitary character of the EUTM is established directly in the Regulation: the mark "has equal effect throughout the Union" and, as a general rule, may not be registered, transferred, or cancelled for a single member state only. Exceptions are possible where the Regulation expressly provides for them — for example, in certain procedural situations or in the event of a conflict with an earlier national right in a specific country.
The practical consequence for an applicant is straightforward: expanding a business into a new EU country does not require a new trade mark application. The right is already effective there from the date of registration.
Where protection is needed in only one or a few EU member states, a national registration may be sufficient. Where a business operates or plans to operate across a wider part of the Union, an EUTM allows unitary protection to be obtained through a single application. The choice between these systems depends not only on cost but also on the geographic footprint of the business and the risks associated with earlier rights.
What Rights the EUTM Proprietor Acquires
Registration confers an exclusive right on the proprietor. Article 9 EUTMR defines it through three levels of protection.
The first — "double identity": an identical sign used for identical goods or services. In a case of double identity, there is no need to prove a likelihood of confusion: under the conditions provided for in Article 9 EUTMR, the proprietor may prohibit such use of the sign by a third party.
The second level — an identical or similar sign used for identical or related goods or services, where a likelihood of confusion exists on the part of the public, including the likelihood of association between the signs.
The third — extended protection for marks with a reputation: the proprietor may prohibit use of a similar sign even for entirely different goods or services, where such use takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark without due cause. This level of protection does not apply to every mark — the reputation itself must be proved, and this is a separate evidential burden.
How an EUTM Helps Protect a Brand
Registration does not physically prevent copying of a brand — it creates the legal basis to stop it. The proprietor acquires the right to bring infringement proceedings before an EU trade mark court, to initiate an opposition against a later conflicting application at the registration stage, and to request customs authorities to detain counterfeit goods at the EU border.
Protection on other legal bases — including national unfair competition rules — may be available without an EUTM registration, but it depends on the law of the specific member state and does not create the same unitary trade mark right at EU level.
The EU Trade Mark as a Business Asset
An EUTM is a proprietary asset that can be dealt with independently of the business as a whole. The Regulation provides, in particular, for assignment of the mark to another person (Article 20 EUTMR), its use as security or as the object of other rights in rem (Article 22), and licensing for all or some of the goods and services and for all or part of the EU territory (Article 25). Details of the relevant rights and transactions may be recorded in the EUIPO register in accordance with the EUTMR rules.
For an investor or a bank, a registered EUTM is an asset with a transparent legal status that can be valued and checked for encumbrances. For more on assignment, licensing, and the risks involved in valuing a mark, see our article A Trade Mark as a Business Asset: Legal Risks Often Overlooked.
Is an EUTM Always the Right Choice?
Not necessarily. Where a company operates and plans to operate in only one EU country, a national registration is often sufficient — it is cheaper and simpler to maintain.
The unitary character of the EUTM has a reverse side. An absolute ground for refusal that exists only in part of the EU territory may, in cases provided for by the EUTMR, prevent registration of the EUTM as a whole. Similarly, a successful opposition based on an earlier national right in one member state can lead to refusal of the EUTM application.
In certain cases, the applicant may make use of conversion of the EUTM application into national applications. Conversion is not available in respect of a member state in which, according to a decision of EUIPO or a court, a ground for refusal exists. A national application resulting from conversion retains the filing date of the EUTM application and, where applicable, its priority and seniority (Article 139 EUTMR). Conversion involves a separate procedure and the corresponding fees.
What EU Trade Mark Registration Does Not Guarantee
Registration does not eliminate the risk of infringement by third parties — it provides the tools to respond to it, not immunity from its occurrence.
It does not mean a monopoly over a word or sign in any context: the scope of protection is tied to the specific list of registered goods and services and to the actual circumstances of use — not to the word itself outside that context.
And it does not exempt the proprietor from the obligation to use the mark. Where the proprietor does not use the EUTM in the EU for a continuous five-year period in respect of the registered goods and services, the registration becomes vulnerable to revocation upon application by a third party.
Before filing an application, it makes sense to check whether a conflicting mark already exists in the EUIPO and national office databases — this is cheaper to do before filing than to remedy after a refusal or an opposition. If you need an assessment of a specific case — the scope of goods and services, the choice between a national registration and an EUTM, the risk of conflict with existing marks — Dr. Emil Benatov & Partners carries out that review before the application is filed.
